Several defendants' cases were heard by the Honorable Judge Mark A. Karl Friday morning in Wetzel County Circuit Court.
Chad Haught, of Jividen Law Offices, appeared in court, alongside Jimmy R. Work. Wetzel County Prosecutor Timothy Haught delivered supplemental discovery to the defense, as well as a 404(b) notice, which he described as "somewhat voluminous."
The 404(b) notice involved previous activity, involving prior charges that were brought against Work, said Prosecutor Haught. While this information is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake, entrapment or accident.
Prosecutor Haught stated that a 404(b) hearing would be necessary in the near future. Additionally, he stated that he had no issue severing the drug possession and conspiracy charges from Work's other charges; he also had no issue with consolidating Work's magistrate charge with the circuit court charges.
In the case of the 404(b) material, Prosecutor Haught had provided information relative to the magistrate charge as well. He said that he was suggesting that he and Chad Haught meet at the prosecutor's office to go over some things in discovery.
Furthermore, Chad Haught requested a bill of particulars and filed supplemental discovery.
A status hearing was then set for Feb. 15, 10 a.m.
Work is charged with felony first degree robbery, misdemeanor domestic battery, misdemeanor violation of a condition of bail, felony conspiracy to deliver Psilocybin Mushrooms, and felony possession of a controlled substance (psilocybin mushrooms) with intent to deliver.
In another matter, Attorney Jeremiah Gardner requested additional time to seek a resolution in the case involving his client, Kimberly Dawn Parsons, 21, of 248 Woodland Knls 28, Moundsville, W.Va. Therefore, Karl set a return date for Feb. 15, 10 a.m.
Parsons received a one-count indictment from the September grand jury stating that on or about June 15 Parsons committed the felony offense of unlawful assault in that she unlawfully caused bodily injury to Frances Martha Headley by striking her with a pipe in New Martinsville.
Attorney Kevin Neiswonger reported that there is no way, short of a trial, to resolve the case of Troy Richman, 51, of HC 61, Box 321, New Martinsville. Thus, Judge Karl set a trial date for April 24. Richman's bond continued.
Richman received a one-count indictment alleging that on or about June 4 Richman committed the felony offense of malicious assault by cutting Joseph Eugene Lasure with a knife.
In another matter, Neiswonger stated that he was able to get copies of files from the prosecutor's office regarding the case of his client, Virginia May Hornbeck, 38, of 187 North State 2, Apt. D101, New Martinsville.
Hornbeck received a six-count indictment from the grand jury charging her with three counts each of conspiracy to deliver and delivery of oxycodone. The sets of offenses are to have occurred on or about March 21, March 28, and May 23, 2012.
Carl H. Wilson, 44, of Rural Route 2, Box 469C, New Martinsville, appeared in court again, without counsel. Wilson appeared on issues regarding back child support in Kentucky.
Haught stated that he had spoken to the prosecution in Kentucky and that apparently Wilson has made contact with them. Haught stated that a $4,000 bond had been posted in Wetzel County magistrate court and that Kentucky is requesting this money be sent to them so that the child support matter be solved. Haught said the only issue with this request is that Wilson's bond was posted by his uncle, who is entitled to get his money back.
Wilson said he had required an affidavit that his uncle had signed, stating that the money could be released to Kentucky. Haught was unaware of this, so Karl stated that he would continue the case generally and that during the court's recess, Haught could discuss the matter with Wilson.
In another matter, Dillon O. Haley, 21, of 413 Edgeview Terrace, New Martinsville, appeared in court alongside his attorney, Gardner, on a petition to revoke probation.
Haught stated that charges against Haley were pending in Marshall County. Therefore, he felt it made sense to talk to Marshall County first before settling things in Wetzel County. A return date for Haley was set for Feb. 15, 10 a.m.
Previously, Haley had pleaded guilty to petit larceny. Haley wrote a check out to himself in the amount of $850 and signed his parents' names. A six-month prison sentence was suspended to place him on two years of probation.